Some considerations on access to justice in Private International Law

Abstract

Access to justice is a complex and polysemic concept with a growing presence in law. This vis expansiva has positive effects but, paradoxically, it also raises questions about the risks for the fundamental right that constitutes its core. Private international law is a perfect breeding ground for this scenario. This paper draws attention to this trend in private international law, cautions on the various underlying legal objectives that are served, and proposes to take advantage of this mainstream to analyze in-depth the right of access to justice in international private situations, and to enhance its scope and protection.